Committee hears testimony on smoking in cars with children

Children riding in vehicles with adults who smoke are exposed to a smoke concentration that is up to 60 times higher than that found in a smoky tavern, an American Lung Association official said Tuesday.

Children riding in vehicles with adults who smoke are exposed to a smoke concentration that is up to 60 times higher than that found in a smoky tavern, an American Lung Association official said Tuesday.

Kathy Drea, vice president of advocacy for the ALA in Illinois, told the Senate Public Health committee that without legislative action, children continue to be at risk of suffering smoking-related illness because they ride in cars driven by adults who smoke.

The committee heard testimony from Drea and the bill’s sponsor, Democratic Sen. Ira Silverstein, D-Chicago, but did not take a vote.

If enacted, SB2659 would make smoking in cars with minors present a petty offense punishable by a fine of up to $100.

“Public authorities throughout the world agree that there is no safe level of exposure to secondhand smoke and that even low levels of secondhand smoke are harmful,” Drea said.

She said secondhand smoke is more dangerous to children because they breathe more rapidly than adults, causing them to inhale more smoke per pound of their body weight than adults do.

Secondhand smoke is especially dangerous in small, confined spaces like cars, she added.

Drea said one of the most common complaints she’s gotten comes from preschool teachers across Illinois who see parents smoking in their cars when they drop off and pick up their children every day.

Drea said the bill would be a “very simple thing that you can do to protect all of our children from a very serious health risk.”

“This bill does not result in costs to anyone,” she said. “There’s nothing to buy, and it’s not going to affect anyone’s business.”

Drea said five other states — Arkansas, Louisiana, Maine, Oregon and Utah — already have similar laws on the books, and 14 more states are considering measures.

“I’m trying to be proactive to prevent a child from getting cancer, or anyone else,” Silverstein said. “I think that this bill has a meaningful purpose.”

Committee member Sen. Darin LaHood, R-Dunlap, expressed concern over a provision in the bill that states police officers could not pull someone over solely for violating the no-smoking law — a driver would have to have committed a different violation warranting a traffic stop before he or she could be ticketed for smoking in the car with a minor present.

The committee’s ranking Republican, Sen. Dave Syverson of Rockford, was also concerned, saying “the likelihood of enforcement would be limited.”

Silverstein could not explain why the bill was drafted that way. He said a bill with similar language was introduced to the House last year but imposed a much higher fine than the $100 penalty proposed in Silverstein’s bill.

Page 2 of 2 - LaHood also asked whether convertibles or other open-air vehicles would be treated the same under the law. Silverstein said all vehicles would be treated equally except motorcycles, which would be exempt.

Syverson asked whether tickets would be issued to minors who were smoking in cars with other minors.

Drea said the bill didn’t specify in that situation, but noted that minors could be ticketed for possession of tobacco products. Current law states that minors in possession of tobacco products can be fined up to $200 for a first offense.

Syverson also wondered how far Silverstein’s bill would really go to protect children because the measure would deal with vehicles only and not the homes of smokers where children live.

“We just want to protect children where we can,” Drea said. “There is no one silver bullet to reduce tobacco use. It’s going to take many different efforts and programs at all different levels.”

Committee chairman Sen. John Mulroe, D-Chicago, said the committee would consider the testimony and revisit the issue next week.